Mrinal Kanti Paul v. State Of West Bengal And ORS.

06.08.2024.

PB Sl. No.182 ml.

Ct. No.14.

In The High Court At Calcutta Constitution Writ Jurisdiction Appellate Side WPA 6051 of 2024 Mrinal Kanti Paul Vs State of West Bengal & Ors.

Mr. B. B. Maity.

......for the petitioner.

Mr. Mophinoor Rahaman.

.......for the State.

The petitioner retired as Head Teacher of a Primary School on 31.03.2016. The first pension payment order was issued on 06.04.2016 and the pension was disbursed on 01.04.2016 and the revised pension payment order was issued on 18.05.2021 and the revised pension and gratuity was disbursed on 29.06.2021. Under the ROPA Rules, 2019 there was revision of the pension and gratuity amount payable to the petitioner. The petitioner claims interest on delayed payment of revised gratuity as also revised arrear pension.

I have heard learned counsel for the parties and considered the orders passed by this court in similar facts.

It is settled law that the right of a retired employee to get his retiral dues as and when the same becomes due and payable. If payment of the retiral dues is delayed the retired employee is surely entitled to get some interest for such delayed payment.

In the present case, it was the bounden duty of the State to disburse the pension and revised pension amount on the due date. If it has failed to do so and has released such amount after unexplained delay, it is obliged to pay interest to the retired employee.

In view of the aforesaid, I direct the concerned Treasury Officer to pay interest to the writ petitioner at the rate of 7% per annum on the revised gratuity and revised arrear pension calculated on and from the due date till the date of actual payment, provided the delay caused was not attributable to the petitioner.

The Treasury Officer shall not be obliged to pay interest if the delay was caused on account of any lapse on the part of the teacher.

Such payment is to be made within eight weeks from the date of communication of the certified copy of this order to the concerned authorities.

Since no affidavit in opposition has been invited, the allegations contained in the writ petition are deemed not be admitted.

The writ petition is disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)